Advance parole

[andreita.89pp 28]

Hi, I came here with a J1 visa, my visa j1 expired in september 14th plus one month I have extra that they give you with the aupair program. I receive my noa1 september 19  for (i-485,i-131 and work permit). My question is Am I oversaying while im waiting for my AOS interview? 

If I am overstaying can i use my advance parole?

or if Im not overstaying could I? Thank you! I would need some help because I need to go in february to Spain

[geowrian 22,338]

Once you file for AOS, you have authorized stay while your case is pending, and are not accruing unlawful presence.

 

Once you are granted AP (~4-5 months after filing, currently), you can take short trips abroad and return. Assuming there aren't any issues, you probably will have AP by February, but there's also a nontrivial chance you won't - don't make any definitive plans until you have it in hand.

If you leave without AP, your AOS will be invalid and you likely won't be able to return to the US without a CR-1/IR-1 visa.

[andreita.89pp 28]

1 hour ago, geowrian said:

Once you file for AOS, you have authorized stay while your case is pending, and are not accruing unlawful presence.

 

Once you are granted AP (~4-5 months after filing, currently), you can take short trips abroad and return. Assuming there aren't any issues, you probably will have AP by February, but there's also a nontrivial chance you won't - don't make any definitive plans until you have it in hand.

If you leave without AP, your AOS will be invalid and you likely won't be able to return to the US without a CR-1/IR-1 visa.

Thank you so much for your answer! They are doing already september in the national service center I am, so Im hoping for december january!! But yeah i wont go anywhere before i have the advance parole for sure, it was confused because i didnt know if i was overstay since my J1 expired. Your answer was so helpul thank you so much.